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Commonwealth v. Ogrod12/30/2003
n, her family, the neighborhood and whether he had heard any rumors about the murder. Suppression N.T. at 27; Trial N.T. at 47.
The Detectives then proceeded to conduct the formal interview by asking a question, writing down the question, and then writing down the answer Appellant provided. Suppression N.T. at 26-28; Trial N.T. at 47-48. The first question was "Walter, did you know Barbara Jean Horn?" Suppression N.T. at 26; Trial N.T. at 48. Appellant admitted that he knew Barbara Jean and that she came to the house he shared with the Green family on the day of the murder. Suppression N.T. at 28-29; Trial N.T. at 49-50. Appellant told police that he answered the door when Barbara Jean was calling on young Charlie Green, Jr. (Charlie Jr.) and that Appellant told her to talk with Mrs. Green because he did not know where Charlie Jr. was. Suppression N.T. at 29; Trial N.T. at 49-50. That was the last time Appellant claimed to have seen Barbara Jean. Suppression N.T. at 29; Trial N.T. at 50.
Appellant told the Detectives that he never asked Mrs. Green whether she saw Barbara Jean and that he did not know whether Barbara Jean ever found Mrs. Green because he went upstairs. Suppression N.T. at 30; Trial N.T. at 50-51. When the Detectives asked Appellant what part of the house Mrs. Green was in at the time Barbara Jean came into the house, Appellant said that she was in the dining room. Suppression N.T. at 30-31; Trial N.T. at 51. Because one of the Detectives claimed to be familiar with the "straight-through" layout of the row house, he asked Appellant, "wasn't it true that you should have been able to see directly into the dining room and see Mrs. Green if she were there?" Suppression N.T. at 30-31; Trial N.T. at 51. Appellant responded that perhaps Mrs. Green was in the kitchen, which was not visible from the front door. Suppression N.T. at 30-31; Trial N.T. at 51. The Detectives then said: "you are not telling us the truth, are you, Walter?" Suppression N.T. at 30-31; Trial N.T. at 51.
Detective Devlin testified that, at this point, Appellant put his head in his hands and started to cry and the Detectives took a break to allow Appellant to compose himself. Suppression N.T. at 30-31; Trial N.T. at 51-52 (at trial, Detective Devlin explained that when he means crying he did not "mean a tear ran down his cheek. [He meant that Appellant] . . . started crying hard and convulsively"). Detective Devlin arranged for Appellant to get a cup of coffee and Detective Worrell showed him to the bathroom and, after a break, brought him back to the interview room. Suppression N.T. at 33; Trial N.T. at 53-54.
When Appellant returned, he began talking before the Detectives started to question him. Suppression N.T. at 33; Trial N.T. at 55. He explained that he experienced abuse as a child and that he went to live with his father when he was ten or eleven. Suppression N.T. at 34-35; Trial N.T. at 55-56. Then, he said that he was going to tell the Detectives something that he never told anyone including his psychiatrist. Suppression N.T. at 34-35; Trial N.T. at 56. At this point, the Detectives told Appellant that before he went any further, they were going to read him his rights. Suppression N.T. at 36; Trial N.T. at 56-58. Detective Worrell read Appellant his Miranda warnings. Suppression N.T. at 36; Trial N.T. at 56-58. After providing oral warnings, Appellant signed a form answering the following questions:
Question 1: Do you understand you have a right to keep quiet? You do not have to say anything at all? Appellant wrote the word yes.
Question 2: Do you understand that anything you say can and will be used against you? Appellant wrote yes.
Quest
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